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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant, as a licensed real estate agent operating C in Suwon-si, prepared a lease contract on behalf of the lessee on behalf of each owner of the building located in Suwon-si D, E, and F, and delivered the lease deposit and monthly rent to each owner of the building.
However, the Defendant did not intend to transfer the full amount of the deposit received from each lessee to the building owner as it is.
1. On September 25, 2010, the Defendant prepared a monthly rent contract for commercial housing of KRW 20 million, monthly rent of KRW 150,000,000 for KRW 503 of the building D located in Suwon-si, Suwon-si, and received KRW 20 million from G on September 29, 2010.
After that, from September 25, 2010 to September 29, 2010, the Defendant drafted a monthly rental contract for commercial housing in the name of G, a private document on rights and obligations, which is a private document on G, with the intent of exercising the lessor’s “Lessee G, KRW 10 million, monthly rent of KRW 270,000,00” from September 25, 201 to the lessor H, and acquired KRW 10 million out of the deposit received from G.
2. On November 8, 2010, the Defendant: (a) prepared a multi-household charter contract with I and deposit 35 million won for E-building 401 located in Suwon-si in Suwon-si; and (b) received KRW 2 million from I on the same day; and (c) received KRW 30 million from I on the same day.
After that, the Defendant, from November 8, 2010 to the 13th day of the same month, prepared a multi-household monthly lease contract in the name of “Lessee I, deposit KRW 10 million, monthly rent KRW 270,000,000,” which is a private document concerning rights and obligations, with the intent of exercising the said contract from the victim H, to the lessor H, and received from I.